First off, leaking an unfinished draft from the United States Supreme Court is a dishonorable offense. Whoever did it deserves a severe punishment.
Now to the contents of the leaked draft, which are cause for excitement among Pro-Life advocates. Finally, Roe v. Wade may be on the brink of being overturned. It was decided on unsound constitutional ground which made its eventual overturning almost an inevitability.
The draft is written by Justice Samuel Alito. Here may be the most consequential line-
“The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion.”
Alito is saying this is a states’ issue. His draft says the federal government doesn’t have an arm in this issue to reach into the states. Therefore, abortion will be decided at the state level.
But the radical left doesn’t understand that.
And here’s the kicker; Alito’s draft doesn’t outlaw abortion. Try explaining that to a far leftist. Their reactions on social media sites have been apocalyptic. Try telling the left that this draft doesn’t take the position that the federal government has Constitutional grounds to outlaw abortion in every state. Just the opposite in fact. Alito is saying the federal government shouldn’t be weighing in on this. It’s called federalism. For example, Massachusetts state law will stay the same under this.
A Personhood Bill would be another matter. A federal bill that says unique human life begins at conception which deserves 14th Amendment Due Process and Equal Protection would bring the federal government into the role of defending Life.
But let’s not get ahead of ourselves. This draft isn’t even out yet. And returning to the first point, the leaker needs to be found and punished right way.